Greg WilliamsOn Friday, a federal judge in New York refused to dismiss a lawsuit involving Ed Sheeran‘s Grammy-winning hit “Thinking Out Loud.”
The heirs of Edward B. Townsend, who own the copyright to Marvin Gaye‘s classic track “Let’s Get It On,” have accused Ed of copyright infringement, claiming that “Thinking Out Loud” is too similar to Gaye’s song.
The judge’s decision noted that because there are substantial “material facts” in dispute — facts that must be determined by a jury trial — he refused Ed’s motion to dismiss the suit.
Those “facts” include whether or not the chord progression used in “Let’s Get It On” — and also used in “Thinking Out Loud” — is “commonplace.”
Another fact? Whether or not the musical elements in the two songs are so similar that the average person would hear “Thinking Out Loud” and feel that it had been appropriated from “Let’s Get It On.”
In the decision, the judge noted that a jury might be swayed by a video that exists of one of Ed’s live performances, in which he transitions “seamlessly” between the two songs. Videos of Ed doing that can be easily found on YouTube.
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